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{
    "id": 939267,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/939267/?format=api",
    "text_counter": 80,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "Mr. Speaker, Sir, the effect of 50 per cent budget reduction in the Judiciary would be catastrophic in the operation of the Judiciary and service delivery to the public. Some of the critical on-going projects by the Judiciary and service delivery to the public which we envisage are that each of the 47 counties should have a high court in their headquarters. Some of the critical on-going projects by the Judiciary is recruitment of judges and magistrates to clear backlog of cases, harnessing technology through its working through and e-filing project, automation of proceedings of the anti-corruption courts to speed up the hearing of cases and even setting up a virtual courts to ensure that diaspora-- - Improving the infrastructure in prisons so that cells are not overcrowded and so that children are not held in custody together with adults. There is also recruitment of more judges to expedite the pending cases some of which are older than five years. There is also establishment of mobile courts and construction of high court system stationed in each county as prescribed by the Constitution of Kenya in order to make justice accessible and affordable to take justice closer to the people. Currently, there are at least 20 tribunals to assist in the expeditious resolution of disputes. Any form of budget reduction means that tribunals and courts as a whole will not be able to execute their work hence creating a backlog of cases. Mr. Speaker, Sir, judicial independence consists of two main elements; namely, decisional and institutional independence. The Judiciary should be independent of extraneous influences. This enables the Judiciary to render impartial and objective decisions in individual cases. The law and law alone must guide the court in determining the issues before it. In addition to this, the Judiciary is an independent organ of State and is an equal coordinator to other organs of Government. The Judiciary cannot receive instructions or be controlled by any other arm or organ of Government. This has particular bearing on appointing and removal of judicial officers, their security of tenure, financial independence in terms of budgetary allocation and remunerations and the judicial discipline. If these two elements lack in assuring independence of our Judiciary, then we do not have a sound judicial system. Mr. Speaker, Sir, an independent and accountable judiciary is an essential component of high quality, effective and efficient justice system and a prerequisite for a well-functioning governance system, including the security and economy of the nation. I urge all Senators to rise and support the principle of independence, separation of powers The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}